Possession of a firearm or ammunition without a license contravenes Section 3 of the Arms Act and attracts punishment under Section 25(1)(B), with a maximum imprisonment of three years and a minimum of one year.

I.A. Ansari, J.

1. This revision is directed against the judgment and order, dated 24.01.2006, passed, in Criminal Appeal No. 88/2005, by the learned Sessions Judge, Kamrup, whereby the appeal has been dismissed and the judgment and order, dated 26.03.2003, passed, in GR Case No. 258/1992, by the learned Additional Chief Judicial Magistrate, Kamrup, convicting the accused-Petitioner under Section25(1)(a) of the Arms Act and sentencing him to undergo rigorous imprisonment for three years with fine of Rs. 1,000/- and, in default of payment of fine, to suffer rigorous imprisonment for a further period of six months, has been upheld.

2. In a narrow compass, the case of the prosecution, as projected at the trial, may be put thus: On 28.01.1992, at about 7 am, when Sub-Inspector of Police, Debendra Nath Barman, accompanied by two constables, namely, Nareswar Deka (P.W. 1) and Tapan Kalita (P.W. 2), was on patrol duty near Pandu Ferry Ghat, located on the bank of the river Brahmaputra, they, in their routine course of checking, intercepted the accused-Petitioner near the said Ghat and, on conducting a search of the person of the accused-Petitioner, they found a hand-made improvised pistol with one live cartridge tucked to the waist inside the trouser and covered under the shirt of the accused-Petitioner. On finding the accused-Petitioner in possession of the pistol and cartridge, the said Sub-Inspector of Police seized the pistol and the cartridge and, with the help of the said two constables, brought the accused to Jalukbari Police Station, where the said Sub-Inspector lodged a written FIR. Based on this FIR, Jalukbari Police Station case No. 52/92 under Sections 25(1)(a) of the Arms Act was registered against the accused. During the course of investigation, the said seized pistol and cartridge were sent to the Forensic Science Laboratory, Assam, Guwahati, and on examining the said seized materials, Forensic Laboratory, Assam, Guwahati, reported to the effect that the said seized materials were hand-made gun, which is a fire-arm, and the cartridge was meant for rifle and the same was manufactured at a Government owned factory at Jabbalpur. On completion of investigation, a charge sheet was laid against the accused-Petitioner under Section 25(1)(a) of the Arms Act.

3. To the charge framed under Section 25(1)(a) of the Arms Act, the accused-Petitioner pleaded not guilty. In support of their case, the prosecution examined altogether five witnesses. The accused-Petitioner was, then, examined under Section 313 Code of Criminal Procedure and in his examination aforementioned, the accused-Petitioner denied that he had committed the offence alleged to have been committed by him, the case of the defence being that of total denial. No evidence was, however, adduced by the defence. On finding the accused-Petitioner guilty of the charge, framed against him, the learned trial Court convicted him accordingly and passed sentence against him as mentioned hereinabove. As the appeal preferred by the accused-Petitioner also failed, the accused Petitioner has come before this Court with the help of the present revision.

4. I have heard Mr. J.C. Barman, learned Counsel for the accused Petitioner, and Mr. V.S. Singh, learned Additional Public prosecutor, Assam, for the Respondents.

5. On a careful scrutiny of the evidence on record, what transpires is that according to the evidence of P.Ws. 1 and 2, when they, headed by SI Debendra Nath Barman, were on patrol duty near Pandu Ferry Ghat, they happened to notice and apprehend the accused and, on conducting a search of his person, they found one hand-made pistol and a cartridge tucked to the waist of the accused under his shirt, whereupon they, on being directed by the said Sub-inspector, brought the accused to Jalukbari Police Station and at the said Police Station, the accused could not produce any licence for possessing the said pistol and cartridge, whereupon the pistol and cartridge were seized by t